scholarly journals Byzantine law as a nursery garden for legal transplants with specific review of Dusan's Code

2020 ◽  
Vol 54 (1) ◽  
pp. 519-530
Author(s):  
Milan Macura
Keyword(s):  
Roman Law ◽  
Byzantine Empire ◽  
Scholarly Work ◽  
15Th Century ◽  
Temporal Continuity ◽  
The World ◽  
The Law ◽  
Further Development ◽  
State Creation

The term Byzantium or Byzantine Empire is used for a state creation that existed from the 4th to the 15th century, more precisely until 1453 and the fall of Constantinople due to the Ottoman conquests. Regardless of what historical discussions and opinions otherwise differ regarding the origin of Byzantium, in this scholarly work May 11th, 330 AD, was taken as the beginning of the Byzantine Empire, the date when New Rome came into existence (Greek NέaῬώme, Lat. Nova Roma) at the site of the Byzantine Greek colony. The paper will analyze the influence of Byzantine law on the further development of the law in the world, as well as the temporal continuity and development of Byzantine law that relies on Roman law. In addition, through a comparison of the Byzantine Code Members and later Dusan's Code, the theory of legal transplants developed by Alan Watson will be analyzed.

scholarly journals PERSONHOOD, ANIMALS, AND THE LAW

Think ◽  
2013 ◽  
Vol 12 (34) ◽  
pp. 25-32 ◽  
Author(s):  
Christine M. Korsgaard
Keyword(s):  
Roman Law ◽  
Ethical Problems ◽  
The World ◽  
The Subject ◽  
Human Animal ◽  
The Law

The idea that all the entities in the world may be, for legal and moral purposes, divided into the two categories of ‘persons’ and ‘things’ comes down to us from the tradition of Roman law. In the law, a ‘person’ is essentially the subject of rights and obligations, while a thing may be owned as property. In ethics, a person is an object of respect, to be valued for her own sake, and never to be used as a mere means to an end, while a thing has only a derivative value, and may be used as a means to some person's ends. This bifurcation is unfortunate because it seems to leave us with no alternative but to categorize everything as either a person or a thing. Yet some of the entities that give rise to the most vexing ethical problems are exactly the ones that do not seem to fit comfortably into either category. For various, different, kinds of reasons, it seems inappropriate to categorize a fetus, a non-human animal, the environment, or an object of great beauty, as a person, but neither does it seem right to say of such things that they are to be valued only as means.

Many legal systems throughout the world have a rule of thumb adherence to the doctrine of precedent. However, few keep to the concept of binding precedent as rigidly as the English legal system. Indeed, it has been said that it is more difficult to get rid of an awkward decision in England than it is anywhere else in the world. 4.2 LEARNING OUTCOMES By the end of this chapter, readers should: • understand the basic rationale for the doctrine of precedent; • be able to explain what the doctrine of precedent is; • understand the difference between the theoretical dimension and the practical dimension of the doctrine of precedent; • be able to competently read a case and prepare a case note; • understand the relationship between reliable law reporting and the doctrine of precedent; • understand the relationship between statutes and cases; • be able to distinguish between year books, nominate reports, general and specialist series, and official reports; • understand the constituent parts of the ratio of a case. 4.3 THE RELATIONSHIP BETWEEN LAW REPORTING AND THE DOCTRINE OF PRECEDENT The only way of being able to keep successfully to the doctrine of binding precedent is to have a reliable system of law reporting. The competent production of volumes of reports of past cases is indispensable to the operation of the doctrine. Reliable law reports have only been available in England since 1865 although there are a range of fragmentary law reports going back to the 12th century, which are known as yearbooks. Reports existing in the Yearbooks cover the period from the late 12th century to the early 16th century. However, it is not always possible to discover if the report is of an actual case or a moot (an argument contest between lawyers). This makes them an unreliable source and also the detail that was given and the quality of the reports varies considerably. Some reports record outcome, but not facts, others record facts and outcome, but give no reasoning process. Reports also exist in the nominate (named) reports dating from the late 15th century to 1865. By the 19th century, a court-authorised reporter was attached to all higher courts and their reports were published in collected volumes again by name of reporter. By 1865, there were 16 reporters compiling and publishing authorised reports. They were amalgamated into the Incorporated Council of Law Reporting and the reports were published in volumes known as the Law Reports. These reports are checked by the judges of the relevant case prior to publication and a rule of citation has developed that if a case is reported in a range of publications, only that version printed in the Law Reports is cited in court. However, the accuracy of reports pre-dating the setting up of the Incorporated Council of Law Reporting in 1865 cannot be guaranteed.

2012 ◽  
pp. 76-76
Keyword(s):  
Actual Case ◽  
15Th Century ◽  
12Th Century ◽  
The World ◽  
The Law ◽  
The Difference ◽  
Law Reports ◽  
The 19Th Century ◽  
The Relationship

scholarly journals TAX CONTROL DEVELOPMENT IN THE CONDITIONS OF ECONOMY DIGITIZATION

2019 ◽  
Vol 7 (6) ◽  
pp. 1016-1023
Author(s):  
Yana S. Matkovskaya ◽  
Olga S. Dyakonova
Keyword(s):  
Information Technologies ◽  
Digital Economy ◽  
Control Methods ◽  
Control Models ◽  
Foreign Countries ◽  
The World ◽  
Methodological Approaches ◽  
The Law ◽  
Further Development ◽  
High Information

Purpose of the study: Consider the development of tax control in the conditions of digitization of the economy. Methodology: The following methods were used for conducting the research: dialectics, comparison, contrasting, analysis and forecasting. Main Findings: Digitization is a way to streamline tax control, which has been confirmed by data as well as by comparison of tax control models used in the leading countries of the world and in Russia. Based on the analysis conducted, the conclusion has been made about digitization and the tax models in use were positively associated. Applications of this study: Russia has to accelerate its rates of digitization, which requires improving the law, methodological toolkit and at times borrowing advanced tax control methods applied in the foreign countries that rely on high information technologies, uniform methodological approaches, and tools used both by taxpayers and tax authorities. Novelty/Originality of this study: The paper presents a review of scales and features of digitization of the economy in the world's leading countries, trends of further development are described, and the digital economy level in the world GDP is outlined.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

Introduction

2017 ◽  
Author(s):  
George E. Dutton
Keyword(s):  
Nineteenth Century ◽  
Vantage Point ◽  
15Th Century ◽  
The World ◽  
Catholic Mission ◽  
Historical Moment ◽  
The Impact ◽  
Main Figure

This chapter introduces the book’s main figure and situates him within the historical moment from which he emerges. It shows the degree to which global geographies shaped the European Catholic mission project. It describes the impact of the Padroado system that divided the world for evangelism between the Spanish and Portuguese crowns in the 15th century. It also argues that European clerics were drawing lines on Asian lands even before colonial regimes were established in the nineteenth century, suggesting that these earlier mapping projects were also extremely significant in shaping the lives of people in Asia. I argue for the value of telling this story from the vantage point of a Vietnamese Catholic, and thus restoring agency to a population often obscured by the lives of European missionaries.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

LEGAL SKETCH «THE SIGNIFICANCE OF THE LEGAL EXCUSES AND PROVERBS OF ANCIENT ROME AS A MEANS OF LEGAL PROPAGANDA ABOUT LEGAL KNOWLEDGE AND CULTURE»

2020 ◽  
Author(s):  
Alexander Kukharev ◽  
Alexander Rusu
Keyword(s):  
Digital Age ◽  
Legal Culture ◽  
Roman Law ◽  
Ancient Rome ◽  
Legal Knowledge ◽  
The Law ◽  
Law Making

This article discusses adaptation of the norms and ideals of Roman law to modern legal culture, the basis of Roman legal relations, which is the basis of modern law-making. It is important to learn how the culture of the law of ancient Rome influenced the formation of modern law of the digital age. The purpose of writing the paper was to highlight the influence of the legal culture of ancient Rome on modern reality.

New and not so new strategies in promoting integrity with particular reference to Africa

2018 ◽  
pp. 38-74
Author(s):  
Barry Rider
Keyword(s):  
World Economy ◽  
Intelligence Community ◽  
Generational Change ◽  
Post Colonial ◽  
Self Interest ◽  
The World ◽  
The Will ◽  
The Law ◽  
Financial Intelligence ◽  
New Strategies

This article is focused on exploration not merely proposed developments in and refinements of the law and its administration, but the very significant role that financial intelligence can and should play in protecting our societies. It is the contention of the author that the intelligence community at large and in particular financial intelligence units have an important role to play in protecting our economies and ensuring confidence is maintained in our financial institutions and markets. In this article the author considers a number of issues pertinent to the advancement of integrity and in particular the interdiction of corruption to some degree from the perspective of Africa. The potential for Africa as a player in the world economy is enormous. So far, the ambiguous inheritance of rapacious empires and the turmoil of self-dealing elites in post-colonial times has successfully obscured and undermined this potential. Indeed, such has been the mismanagement, selfishness and importuning that many have grave doubts as to the ability of many states to achieve an ordered transition to what they could and should be. South Africa is perhaps the best example of a society that while avoiding the catastrophe that its recent past predicted, remains racked by corruption and mismanagement. That there is the will in many parts of the continent to further stability and security by addressing the cancer of corruption, the reality is that few have remained or been allowed to remain steadfast in their mission and all have been frustrated by political self-interest and lack of resources. The key might be education and inter-generational change as it has been in other parts of the world, but only an optimist would see this coming any time soon – there is too much vested interest inside and outside Africa in keeping things much as they are! The author focuses not so much on attempting to perfect the letter of the law, but rather on improving the ways in which we administer it.

Consciousness, law of nature, and nomological determinism

2018 ◽  
Author(s):  
Xiaoyang Yu
Keyword(s):  
Free Will ◽  
Important Thing ◽  
Law Of Nature ◽  
The World ◽  
The Law ◽  
The Brain

Nomological determinism does not mean everything is predictable. It just means everything follows the law of nature. And the most important thing Is that the brain and consciousness follow the law of nature. In other words, there is no free will. Without life, brain and consciousness, the world follows law of nature, that is clear. The life and brain are also part of nature, and they follow the law of nature. This is due to scientific findings. There are not enough scientific findings for consciousness yet. But I think that the consciousness is a nature phenomenon, and it also follows the law of nature.

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